Cross-examined by MR. DOSTER. shoe-store, told me she saw it in the gutter, but that she did not want it to come into the and sent the colored woman down to get it, house. I told her that I would take it to the of Police, which I did. Cross-examined by MR. DOSTER. I did not know the prisoner, Atzerodt, before meeting him at the Pennsylvania House. On the Saturday morning after the assassin-Chief ation, when I went into the room where he was, I did not speak to him immediately; it was perhaps five or ten minutes before I spoke. He was in bed, but whether undressed when I saw the woman pick it up. It lay It was about 6 o'clock in the morning or not I can not say. When I spoke to him in the gutter on F Street, in front of Creaser's about the assassination, he said it was an awful thing, and that was about all he said. tention were to throw it there. Creaser's is house, under the carriage step, as if the inI did not see him after that. He always on F Street, between Eighth and Ninth, opaddressed me as "Lieutenant." It was about a week or ten days before the assassination posite the Patent Office. that I took the knife from his bed. We had been drinking together, as we lay in bed; had had, perhaps, two or three whisky-cocktails apiece. His words, as near as I remember, when I gave him back the knife, were, "If this fails, the other will not." JOHN CALDWELL. For the Prosecution.-May 25. MARSHAL JAMES L. MCPHAIL For the Prosecution.-May 18 I am Provost Marshal of the State of Maryland. I received an intimation from the prisoner, Atzerodt, that he desired to see me. I went to him, and he stated to me that, on the night of the assassination of the President, he had thrown his knife away in the streets of Washington. I made no promise or threat to him, in any way, in connection with the confession. By MR. DOSTER. Q. Was he not in irons at the time? A. Yes, sir; he was in a cell in the prison, and in irons. I reside in Georgetown. On the morning after the assassination, at about 8 o'clock, was at Matthews & Co.'s store, 49 High Street, Georgetown, when that man, [pointing to the accused, George A. Atzerodt,] whom I knew, came in; and, after my asking him how he was, and so on, said he was going into the country, and asked me if I did not want to buy his watch. I told him I had a watch Mr. DOSTER. I respectfully submit that a of my own, and did not want another. He confession made under such circumstances is then asked me to lend him $10. I told him not admissible, because it was made under I had not the money to spare. He then took duress, which put the mind of the prisoner his revolver off, and said, "Lend me $10, and in a state of fear. take this as security, and I will bring the money or send it to you next week. I thought the revolver was good security for the money, and I let him have the money, expecting him to pay it back. [A new revolver, loaded and capped, was handed to the witness.] WILLIAM CLENDENIN. For the Prosecution.-May 18. [A bowie-knife was shown to the witness.] I have had that knife in my hands before. I saw a colored woman pick up something out of a gutter, on F Street, as I was passing down on the morning after the assassination. She was about ten feet from me, and I went to her and asked what it was, and she gave me this knife in a sheath. A lady in the third story window of the house. next to Creaser's The JUDGE ADVOCATE. There was neither threat nor promise, and the fact that the man was in prison, or even in irons, does not affect the question of his mental liberty. A man's limbs may be chained, and his mind be perfectly free to speak the truth, or to conceal it, if he chooses. Mr. DOSTER, in support of his objection, quoted from the case of Commonwealth v. Mosler, 4 Barr's Reports, 265, to the effect that a confession to an officer, as well as to a private person, must be unattended with any inducement of hope or fear, and must be founded on no question calculated to entrap the prisoner; and referred also to 1 Leech, 263; 2 East's Pleas of the Crown; 2 Russell on Crimes, 644; 1 Washington's Circuit Court Reports, 625; 1 Chitty's Criminal Law, 85; 1 Greenleaf on Evidence, 214; 2 Starkie, 36. I claim that the prisoner was under the influence of fear when he made that confession, and without that influence would not have made it. The JUDGE ADVOCATE. I think it is due to the witness that he should be allowed to state precisely under what circumstances this confession was made, and if there is a trace of fear, or hope, or incitement of that kind, I shall not insist for a moment on the answer being heard. WITNESS. I should state that a brother-in-the road that leads to Barnsville. It was belaw of Atzerodt is on my force, and for a time tween 10 and 11 o'clock on Sunday that Ata brother of the prisoner was on it, and they zerodt came there; he remained some two or repeatedly told me that Atzerodt desired to three hours. Two young men named Leasee me. After consulting with the Secretary man were in the room when Atzerodt mede of War, a pass was given me, and I saw the the remark about somebody following Genprisoner. I saw him first on the gun-boat, eral Grant. and afterward in his cell. There was no threat, or promise, or inducement of any kind made. On the contrary, I told him that I could make no promises to him; if he had any thing to say to me, he might say it, but I had nothing to say to him. I did not ask Lim a single question to induce him to make a confession. [The Commission overruled the objection.] Atzerodt said he had thrown his knife away, just above the Herndon House, which, I think, is on the corner of Ninth and F Streets. Cross-examined by MR. DOSTER. I do not remember that Atzerodt said any thing about the assassination; they might have been talking about it before I came into the room. The conversation about General Grant occurred after I got into the room. SERGEANT L. W. GEMMILL. For the Prosecution.-May 17. I arrested the prisoner, George A. Atzerodt, [pointing to the accused,] on the 20th of April, about 4 o'clock in the morning, at the house of a man named Richter, near a place called Germantown. I was sent there for the purpose by Captain Townsend, with a detail of Atzerodt stated that his pistol was in the six men. I first went to Mr. Purdon's house possession of a young man by the name of to get him as guide to Mr. Richter's. When Caldwell, at Matthews & Co.'s store, George- I knocked at the door, Richter asked me town. He had gone to Caldwell, and bor-twice who it was before he would let me in. rowed $10 on it, on the morning of the 15th I told him to come and see. When he came of April. He also spoke of a certain coat to the door, I asked him if there was a man hanging in the room at the Kirkwood House, and of a pistol, bowie-knife, and other articles there, all of which he stated belonged to the accused, David E. Herold. Mr. STONE. I must object to that. Mr. DOSTER. The answer has been tained. I do not wish to press it further. HEZEKIAH METZ. For the Prosecution.-May 17. named Attwood there; he said no, there was no one there; that he had been there, but had gone to Frederick, or to that neighborhood. I then told him that I was going to search the house, when he said that his ob- cousin was up stairs in bed. His wife then spoke up, and said that as for that there were three men there. He got a light, and taking two men with me, went up stairs, where I found Atzerodt lying on the front of the bed. I asked him his name, and he gave me a I reside in Montgomery County, Md., about name that I did not understand, and which I twenty-two miles from Washington City. On thought was a fictitious one. I told him to the Sunday following the death of Mr. Lin- get up and dress himself; and I took him to coln, the prisoner, George A. Atzerodt, was Mr. Leaman, a loyal man, who knew him. at my house, and eat his dinner there. That Mr. Leaman told me it was the man. is the man, [pointing to the accused, George A. Atzerodt. He was just from Washington. We were inquiring about the news, and a conversation came up about General Grant's being shot for we had understood that he had been shot on the cars--when Atzerodt said, as I understood, "If the man that was to follow him had followed him, it was likely to be so." My orders from Captain Townsend were Atzerodt passed in the neighborhood by the to arrest a man by the named of Attwood; name of Andrew Attwood; that was the and I was ordered to go to Mr. Purdon and name by which I knew him. When I saw get a description of him, and to press him as him, he represented himself as coming from Washington, and was traveling in the direction of Barnsville. Cross-examined by MR. DOSTER. Atzerodt made no inquiry as to why he was arrested; but denied having given me a fictitious name. I asked him if he had left Washington lately, and he said no. I then asked him if he had not something to do with the assassination, and he told me that he had not. Cross-examined by MR. DOSTER. a guide to the house of Richter. I do not remember the name Atzerodt gave me, and would not swear that it was not "Atzerodt; he afterward insisted that that was the name he gave me. He spoke in German, and that is the reason why I did not understand the MARCUS P. NORTON. It is two or three years since I first became acquainted with Atzerodt. I had but a slight name. acquaintance with him; I knew him when I saw him. He went by the name of Andrew Attwood around our neighborhood, and he has gone by that name ever since I have known him. My house is about a mile from 'to the Commission that since the case was Recalled for the Prosecution.June 3. Assistant Judge Advocate BURNETT stated closed on the part of the prosecution, testi-language used in the conversation, but the mony of importance had been discovered, substance of it was, that if the matter suctending to implicate George A. Atzerodt, ceeded as well with Mr. Johnson as it did Michael O'Laughlin, and Samuel A. Mudd, with old Buchanan, their party would get in connection with J. Wilkes Booth. terribly sold. Cross-examined by MR. DOSTER. Mr. Cox objected to the introduction of any evidence that would affect the prisoners individually, the understanding being that the The conversation between Atzerodt and prosecution was closed, except as to evidence Booth took place in the rotunda office of reflecting light on the general conspiracy. the National Hotel, early in the evening, as It was contrary to the practice of civil courts to allow the introduction of testimony after the prosecution had been closed, except what was strictly in rebuttal. Assistant Judge Advocate BURNETT stated that in military courts, even after the case had been closed on both sides, it was allowable to call new witnesses at the discretion of the Court. The Commission decided to admit the testimony. I was sitting, perhaps, within two or three feet of them. I remember the prisoner, Atzerodt, by his countenance and general features, though I do not think he had as much of a scowl on his face as he has now. Recalled for the Prosecution.-June 8. Cross-examined by MR. DOSTER. I have seen Booth play in Washington, in New York, and once, I think, in Boston, but I can not recall how many times, nor the pieces I reside in the city of Troy, New York. in which I saw him. At the time of hearing From about the 10th of January until about the conversation between Booth and Atzerodt the 10th of March, I was stopping at the at the National Hotel, I did not consider it as National Hotel in this city. I knew J. Wilkes having reference to an attempt to poison Mr. Booth, having seen him several times at the Johnson; but the assassination of the Presitheater. I saw the prisoners, George A. At-dent, and Booth being coupled with it, is what zerodt and Michael O'Laughlin, prior to the has turned my attention to the conversation. inauguration of President Lincoln. I saw See also the testimony of Atzerodt twice, and O'Laughlin three or four Louis J. Weichmann......... pages 113, 118 times, in conversation with Booth. On one J. M. Lloyd....................... occasion I accidentally heard some conversa- Anna E. Surratt... tion between Atzerodt and Booth, as I sat on Honora Fitzpatrick.. Eliza Holahan.... the same seat with them; it was on the evenJohn Holahan........ ing of either the 2d or 3d of March last; I think the 3d. I can not give the precise Eaton G. Horner........... page 130 130 132 แ 132 แ 139 234 DEFENSE OF GEORGE A. ATZERODT. CAPTAIN FRANK MONROE, U. S. N. For the Defense.—May 30. I had the custody of the prisoner at the bar on board the monitors Saugus and Montauk. Mr. DOSTER. Before going further with the examination of the witness, I wish to submit an application of the prisoner in writing. The paper was handed to the Judge Advocate, who, He Mr. DOSTER. The prisoner desires to make a full statement of his guilt in this transaction, if there is any guilt, and of his innocence, if there is any evidence of it. He asks his statement to be placed on record, because he has been debarred from calling any other prisoners who might be his witnesses, for the reason that they are co-defendants. therefore asks that he may be allowed to speak through Captain Monroe, as he would otherwise speak through one of his co-defendThis is a proposal on the part of the pris-ants. I ask this as a matter of fairness and oner, Atzerodt, that his confessions made to the witness shall be heard by this Court as testimony in his favor-confessions in regard to which no evidence whatever has been introduced by the Government. I can not understand on what grounds such an application can be urged. having read it, said:] liberality at the hands of the Commission. The JUDGE ADVOCATE. It is greatly to be deplored that the counsel for the accused will urge upon the Court proposals which they know to be contrary to law. Mr. DOSTER. I have no more to ask the witness then. MATTHEW J. POPE. let the prisoner, Atzerodt, [pointing to the accused, George A. Atzerodt,] have out of my stable a small bay mare, sixteen and a half hands high. He paid me five dollars for the For the Defense.—June 2. By MR. DOSTER, I live at the Navy Yard, and keep a livery-hire. The horse was returned, to the best of stable; until recently I kept a restaurant. Amy knowledge, between 9 and half-past 9 tha' few days before the assassination of the Presi- night. dent, perhaps about the 12th of April-I do not know the exact day-a gentleman called at my stable to sell a bay horse; it was a large bay horse, and blind of one eye. The prisoner, George A. Atzerodt was desired to stand up for identification.] Q. When Atzerodt engaged the horse, did Q. State what that conversation was. That man has something of the same features; he was very much such a looking man; Atzerodt wrote his name on the slate in a but if it is the same, he is not near so stout as tolerably good hand; and he gave me sevwhen he brought the horse to my stable. I eral references willingly. He first gave a can not say positively that it is the same. number of persons in Maryland. He said he There are many applications at my stable to knew a good many persons there, and that he buy and sell horses, that I did not take much was a coach-maker by trade. Stanley Hignotice of him. I told him I did not want to gins was one to whom he referred; I can not buy the horse; that I had more horses recall any other. He also gave me the name than I had use for. It was some time after of John Cook in Washington as a reference, 12 or 1 o'clock at noon that he came. The and several other names in Washington, but horse was put into my stable, and the gentle-I do not remember them. BURNETT. I was not there when the horse was re man went over to my restaurant and took a Cross-examined by ASSISTANT JUDGE ADVOCATE drink. He left there with a man named Barr, a wheelwright in the Navy Yard. They came back together, and the gentleman took his horse out and rode him away. The horse turned. When I went to the stable next was in the stable, I think, some two or three morning, the horse was there. hours. Barr was not sober at the time; he had been drinking a little. JOHN H. BARR. For the Defense.—June 5. By MR. DOSTER, SAMUEL SMITH. For the Defense.-May 30. By MR. DOSTER. I am a stable-boy at Mr. Kelleher's stable. I was at the stable on the night of the 14th of April last. The bay mare that was let out about 2 o'clock in the afternoon was returned in the course of the evening; to the best of my knowledge, it was about 11 o'clock. She was about in the same condition as when she was taken out. Cross-examined by ASSISTANT JUDGE ADVOCATE BURNETT. I have seen Atzerodt, the prisoner at the bar, once before. I was coming from my work at the Navy Yard one evening, and stopped at Mr. Pope's restaurant, and there met this gentleman. I did not know him at the time, but we had several drinks together. I proposed to him to go home and take supper with me, and he did so. After supper, we went back to Mr. Pope's restaurant, and bad, I think, a couple of drinks. We then I did not notice the person who brought went out, returned to the restaurant again, back the mare; there was a little light in the and took two more glasses, and from there stable, but it was very dim; and there was went to Mr. Pope's stable. The gentleman no light on the sidewalk. The man stopped took his horse out, and I saw him get on and outside the door, and I went out there and ride off. That is the last I saw of him. By brought the mare in. It was by feeling her referring to my book, I can tell the exact day that I could tell she had not been ridden hard. on which this occurred, because I know the work that I did that day; I made two spring blocks for Sanderson & Miller. I find it was the 12th of April. JAMES KELLEHER. By MR. DOSTER, I am one of the proprietors of the liverystable on Eighth and E Streets. On the 14th of April last, about half-past 2 in the day, I LEONARD J. FARWELL. For the Defense.—June 3. By MR. DOSTer. On the evening of the 14th of April last, on leaving Ford's Theater, I went immediately to the Kirkwood House, to the room of Vice-President Johnson. I should think it was between 10 and half-past 10 o'clock. I found the room door locked. I rapped, but receiving no answer, I rapped again, and said, in a loud voice, "Governor Johnson, if you that is so or not; I don't suppose it is so; are in the room, I must see you." I believe if it had been, I should have heard it." the door was locked, but am not certain. I While we were at the dinner-table, my can not say whether I took hold of the han-brother asked him the question again, dle or not. I did not see any one apparently whether General Grant was killed or not, lying in wait near Mr. Johnson's door. and he said, "No, I do n't suppose he was; I remained in Mr. Johnson's room about if he was killed, he would have been killed half an hour. I took charge of the door, probably by a man that got on the same and locked and bolted it on the inside. A car"-or the same train, I do not remember number of persons came to the door, but I which-"that Grant got on." did not allow any of them to come in, unless he was some gentleman personally known to the Vice-President. I also rang the bell and had a guard placed at the door. [The witness was here requested to look at the prisoner, George A. Atzerodt.] I do not know that I have seen the prisoner before. MISS JANE HEROLD. For the Defense.-May 30. By MR. DOSTER. I was not in Atzerodt's company more than half an hour, and that was about all that passed in reference to this in my presence. I thought Atzerodt seemed somewhat confused at the dinner-table. He had been paying his addresses to the daughter of Mr. Metz, and it appeared that she had been showing him the cold shoulder that day, and he was down in the mouth in consequence! There was no remark made at the dinnertable that I did not hear. Atzerodt's father had settled in our neigh I am the sister of David E. Herold, the borhood, but moved away when Atzerodt prisoner at the bar. was quite a boy, and I had seen but little of him until the last year or two. He visited among the neighbors there, many of whom were respectable people. JAMES E. LEAMAN. For the Defense.-May 30. By MR. DOSTER. I have known the prisoner, George A. Atzerodt, for about two years. I was at the house of Mr. Metz on the Sunday morning following the assassination. I broached the subject of General Grant being assassinated, and asked him whether it was so or not. He said he did not suppose it was; and he added, "If it is so, some one must have got on the same cars that he did." That was all the conversation that I had with him, with the exception that when he and I were out in the yard he said— Mr. DOSTER. That is unnecessary; you I have known the prisoner, George A. Atzerodt, ever since he was a boy. I was at the house of Hezekiah Metz on the Sunday morning following the assassination of the President, and met Atzerodt there. As I the yard. approached him, I said, in the way of a A. He said, "O, my! what a trouble I joke, "Are you the man that killed Abe see." I said to him, "Why, what have you Lincoln ?" "Yes," said he, and laughed. I to trouble you?" Said he, "More than I said, "Well, Andrew"-he went by the name will ever get shut of." of Andrew there-"I want to know the truth of it; is it so ?" I asked him if the President was assassinated, and he said, "Yes, it for granted By MR. DOSTER. Assistant Judge Advocate BURNETT. You need not state what you took for granted. Give the words, and nothing else. Q. That was immediately after you had it is so; and he died yesterday evening about been speaking of the assassination, was it? 3 o'clock." I then asked him if it was true A. No, sir; some time afterward. I took that Mr. Seward's throat was cut, and two of his sons stabbed, and he replied, "Yes, Mr. Seward was stabbed, or rather cut at the throat, but not killed, and two of his sons were stabbed." I then asked him if what we heard about General Grant was correct, that he was assassinated on the same night. He answered, "No, I don't know whether A. That was about all he said at that time. Atzerodt had been paying his addresses to Mr. Metz's daughter, and she had slighted him some time before he went out into the yard. |